Local Government (Planning and Development) Act, 1976

Amendment of Part V of Principal Act.

40.—Part V of the Principal Act is hereby amended by—

(a) the substitution of the following subsections for subsection (1) of section 42:

“(1) When it appears to the planning authority that by reason of—

(a) its outstanding natural beauty,

(b) its special recreational value, or

(c) a need for nature conservation,

an area should be declared under this section to be an area of special amenity, they may by order do so and the order may state the objective of the planning authority in relation to the preservation or enhancement of the character or special features of the area including objectives for the prevention or limitation of development in the area.

(1A) The Minister may, if he considers it necessary, direct a planning authority to make an order under this section in relation to an area specified in the direction and may, if he thinks fit, require that objectives specified in the direction be included by the planning authority in their order in respect of matters and in a manner so specified and in case the Minister gives a direction under this subsection the planning authority concerned shall comply with the direction and an order made pursuant to a direction under this subsection shall be revoked or varied only with the consent of the Minister.”;

(b) the substitution of the following subsection for subsection (1) of section 46:

“(1) If it appears to the planning authority, after consultation with the prescribed authorities, that it is expedient in the interests of amenity to make provision to preserve from extinction or otherwise protect any flora or fauna in an area, or part of an area, to which a special amenity area order relates, being flora or fauna which are of special amenity value or special interest, they may make an order prohibiting (subject to any exemptions for which provision may be made by the order) the taking, killing or destroying of such flora or fauna.”; and

(c) the substitution in subsection (4) of section 51 of “fifty pounds; and if in the case of a continuing offence the contravention of this section is continued after conviction, he shall be guilty of a further offence and liable on summary conviction to a fine not exceeding ten pounds for each day on which the contravention is continued” for “ten pounds”.